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2p12036 <br />12. Borrower Not Released; Forbearance By Lender Not a Waiver. Extension of the time for payment or <br />modification of amortization of the sums secured by ttris Security Instrument granted by Lender to Borrower or any <br />Successor in Interest of Borrower sha11 not operate to release the liability of Borrower or any Successors in Interest of <br />Borrower. Lender shall not be required to commence proceedings against any Successor in Interest of Borrower or to <br />refuse to extend time for payment or otherwise modify amortization of the sums secured by this Security Ins�trument by <br />reason of any demand made by the original Borrower or any Successors in Interest of Bonower. Any forbearance by <br />Lender in exercising any right or remedy including, without limitation, Lender's acceptance of payments from third <br />persons, entities or Successors in Interest of Borrower or in amounts less thau the amount then due, shall not be a waiver <br />of or preclude the exercise of any right or remedy. <br />13. Joint and Several Liability; Co-signers; Successors and Assigns Bound. Borrower covenants and agrees that <br />Borrower's obiigations and liability sha11 be joint and several. However, any Borrower who co-signs this Security <br />Instrument but does not execute the Note (a "co-signer"): (a) is co-signing this Security Instrument only to mortgage, <br />grant and convey the co-signer's interest in the Property under the terms of ttus Security Instrument; @) is not personally <br />obligated to pay the sums secured by ttris Security Inslrument; and (c) agrees that Lender and any other Borrower can <br />agree to extend, modify, forbear or make any accommodations with regard to the terms of tlus Security Instrument or the <br />Note without the co-signer's consent. <br />Subject to the provisions of Section 18, any Successor in Interest of Borrower who assumes Borrower°s obligations <br />under this Security Instrument in writing, and is approved by Lender, shall obtain a11 of Bonower's rights and benefits <br />under this Security Instrument. Borrower shall not be released from Borrower's obligations and liability under ttus <br />Security Instrument unless Lender agrees to such release in writing. The covenants and agreements of this Security <br />Instrument sha11 bind (except a.s provided in Section 20) and benefit the successors and assigns of Lender. <br />14. Loan Charges. Lender may charge Bonower fees for services performed in connection with Borrower's default, <br />for the purpose of protecting Lender's interest in the Property and rights under this Security Instrument, iacluding, btrt <br />not limited to, attorneys' fees, property inspection and valuation fees. In regazd to any other fees, the absence of express <br />authority in ttus Security Instrument to chazge a specific fee to Borrower shall not be conshued as a prohibition on the <br />charging of such fee. Lender ma.y not charge fees that aze expressly prohibited by this Security Instrument or by <br />Applicable Law. ' <br />If the Loan is subject to a law which sets maximum loan charges, and that law is finally interpreted so that the <br />interest or other loan charges collected or to be collected in connection with the Loan exceed the permitted limits, then: <br />(a) any such loan charge shall be reduced by the amount necessary to reduce the charge to the permitted limit; and (b) any <br />sums already collected from Borrower which exceeded permitted limits will be refunded to Bonower. Lender may <br />choose to make this refund by reducing the principal owed under the Note or by making a direct payment to Borrower. If <br />a refund reduces principal, the reduction will be treated as a partial prepayment without any prepayment chazge (whether <br />or not a prepayment charge is provided for under the Note). Bonower's acceptance of any such refund made by direct <br />payment to Borrower will constitute a waiver of any right of action Borrower might have arising out of such overcharge. <br />15. Notices. All notices given by Borrower or Lender in connection with this Security Instrument must be in writing. <br />Any notice to Borrower in connection with this Security Instrument shall be deemed to have been given to Borrower <br />when mailed by first class mail or when actually delivered to Borrower's notice address if sent by other means. Notice to <br />any one Borrower shall constitute notice to all Borrowers unless Applic�ble Law expressly requires othera+ise. The notice <br />address shall be the Properiy Address unless Borrower has designated a substitute notice address by notice to Lender. <br />Borrower shall prompdy notify Lender of Borrower's change of address. If Lender specifies a procedure for reporting <br />Borrower's change of address, then Bonower sha11 only report a change of addtess tbrough that specified procedure. <br />There may be only one designated notice address under this Security Instrument at any one time. Any notice to Lender <br />shall be given by delivering it or by mailing it by first class ma.il to Lender's address stated herein unless Lender has <br />designated another address by notice to Borrower. Any notice in connection with this Security Instrument shall not be <br />deemed to have been given to Lender until actually received by Lender. If any notice required by this Security Inslrument <br />is also required under Applicable Law, the Applicable Law requirement will satisfy the corresponding requirement under <br />this Security Instrument. <br />NEBRASKA -Single Family-Fannie MaelFreddie Mac UNIFORM INSTRUMENT with MERSForm 3028 1/01 � <br />Page 9 of 13 ` <br />ios, ina Borrower(s) Initiaals � <br />